Chapter 3PROOF

Division 1General Conditions for Proof and Taking of Evidence

§ 64. General conditions for taking of evidence
(1) Evidence shall be taken in a manner which is not prejudicial to the honour and dignity of the persons participating in the taking of the evidence, does not endanger their life or health or cause unjustified proprietary damage. Evidence shall not be taken by torturing a person or using violence against him or her in any other manner or by means affecting a person's memory capacity or degrading his or her human dignity.
(2) If it is necessary to undress a person in the course of a search, physical examination or taking of comparative samples, the official of the investigative body, the prosecutor and the participants in the procedural act, except health care professionals and forensic pathologists shall be of the same sex as the person.
(3) If technical equipment is used in the course of taking of evidence, the participants in the procedural act shall be notified thereof in advance and the objective of using the technical equipment shall be explained to them.
(4) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(5) If necessary, participants in a procedural act shall be warned that disclosure of information relating to pre-court proceedings is prohibited in accordance with § 214 of this Code.
(6) The taking of evidence by surveillance activities is regulated by Chapter 31 of this Code.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 65. Evidence obtained on ships during voyages and in foreign states
(1) Evidence taken in a foreign state pursuant to the legislation of such state may be used in criminal proceedings conducted in Estonia unless the procedural acts performed in order to obtain the evidence are in conflict with the principles of Estonian criminal procedure taking into account the specifications provided for in subsection (2) of this section.
(2) If the object of criminal proceedings is an act of a person who serves in the Defence Forces and has committed the act outside the Republic of Estonia, evidence taken in a foreign state may be used in criminal proceedings unless the procedural acts performed in order to obtain the evidence are in conflict with the principles of the Estonian criminal procedure regardless of the fact of whether the procedural act was conducted on the basis of a request for assistance or not.
(3) If an act to which the Penal Code of Estonia applies is committed on board a ship during a voyage, the documents prepared by the master of the ship pursuant to § 73 of the Merchant Shipping Code are the evidence in the criminal proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 3PROOF

Division 5Inspection and Inquiries to Electronic Communications Undertakings
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 83. Objective of inspection and objects of inspection
(1) The objective of an inspection is to collect information necessary for resolving the criminal matter, detect the evidentiary traces of the criminal offence and confiscate objects which can be used as physical evidence.
(2) The objects of inspection are:
1) a scene of events;
2) a body;
3) a document, any other object or physical evidence;
4) in the case of physical examination, the person and the postal or telegraphic item.
(3) If the explanations of a suspect, accused, witness, qualified person or victim help to ensure the thoroughness, comprehensiveness and objectivity of the inspection, such person shall be asked to be present at the inspection.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 3PROOF

Division 5Inspection and Inquiries to Electronic Communications Undertakings
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 86. Inspection of document, other object or physical evidence
(1) Upon inspection of a document or any other object, the evidentiary traces of a criminal offence and other features which are necessary for resolving the criminal matter and form the basis for using the object as physical evidence shall be ascertained.
(2) If additional examination of a document, thing or any other object used as physical evidence is necessary, inspection of the physical evidence shall be conducted.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

Chapter 3PROOF

Division 9Document and Physical Evidence

§ 123. Document
(1) A document containing information concerning the facts relating to a subject of proof may be used for the purposes of proof.
(2) A document is physical evidence if the document has the characteristics specified in subsection 124 (1) of this Code.

§ 124. Physical evidence
(1) Physical evidence means a thing which is the object of a criminal offence, the object used for the commission of a criminal offence, a thing bearing the evidentiary traces of a criminal offence, the impression or print made of the evidentiary traces of a criminal offence, or any other essential object relating to a criminal act, which can be used in ascertaining the facts relating to a subject of proof.
(2) If an object used as physical evidence has not been described in the report on the investigative activities as exactly as necessary for the purposes of proof, inspection of the object shall be carried out in order to record the characteristics of the physical evidence.
(3) Physical evidence or confiscated objects are immediately returned to their owner or former lawful possessor if this does not hinder criminal proceedings. In general, physical evidence or confiscated objects are returned in their storage place.
[RT I, 31.12.2016, 2 - entry into force 10.01.2017]
(4) If six months have elapsed from the confiscation of physical evidence but there is no one accused in the criminal matter, physical evidence is stored at the request of the owner or lawful holder thereof with the person filing the request pursuant to the conditions for storage of physical evidence, except in the cases specified in subsections (5) and (6) of this section.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(5) A prosecutor may extend the six-month term specified in subsection (4) of this section at the request of an investigative body for up to one year. The term is extended automatically if the request specified in subsection (4) is not submitted.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(6) A preliminary investigation judge may extend the terms specified in subsections (4) and (5) of this section at the request of the Prosecutor’s Office for a term longer than one year if the delay in bringing the charges arose due to the complexity or extent of a criminal matter or exceptional cases arising from international cooperation. The term is extended automatically if the request specified in subsection (4) is not submitted.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 125. Storage of physical evidence
(1) Physical evidence shall be stored in a criminal file, physical evidence storage facility of an investigative body, Prosecutor’s Office or court or on other premises in the possession of or territory guarded by it or in a forensic institution, or the measures prescribed in § 126 of this Code shall be applied to the physical evidence if this does not prejudice criminal proceedings in the case.
[RT I, 31.12.2016, 2 - entry into force 10.01.2017]
(2) Physical evidence which cannot be stored pursuant to the procedure provided for in subsection (1) of this section and with regard to which the measures prescribed in § 126 of this Code cannot be applied in the interests of the criminal proceedings prior to the entry into force of a court judgment or termination of criminal proceedings shall be deposited into storage with liability on the basis of a contract.
(3) A person with whom physical evidence is deposited shall ensure the inviolability and preservation of the evidence.
(4) A person with whom physical evidence is deposited but who is not the owner or legal possessor thereof has the right to receive compensation for the storage fee which shall be included in the procedure expenses. The storage costs shall be compensated for on the basis of a contract between the body conducting the proceedings and the depositary.
(5) If physical evidence is a document which is necessary for the owner in the future economic or professional activity thereof or for another good reason, the body conducting the proceedings shall make a copy of the document for the owner. The authenticity of the copy shall be certified by the signature of the person conducting the proceedings on the copy.
(6) Subsections (1)-(5) of this section are applied also with regard to confiscated objects which are not physical evidence.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 126. Measures applicable to physical evidence and confiscated property
(1) Highly perishable physical evidence which cannot be returned to its lawful possessor shall be granted to a state or local government health care of social welfare institution free of charge, transferred, or destroyed in the course of criminal proceedings on the basis of an order of the body conducting the proceedings. The money received from the sale shall be transferred into public revenues.
(1.1) Physical evidence which cannot be returned to the legal possessor thereof, in the case of which the costs of keeping thereof are unreasonably high, may be transferred at the request of the Prosecutor’s Office and on the basis of an order of a preliminary investigation judge. The amount received from transfer shall be seized.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(1.2) Physical evidence which the owner or legal possessor thereof has failed to take away within six months after becoming aware of the decision on return may be transferred or destroyed by the holder thereof pursuant to the procedure provided for in the State Assets Act.
[RT I, 31.12.2016, 2 - entry into force 01.02.2017]
(2) Property subject to confiscation which lawful possessor has not been ascertained may be confiscated in the course of criminal proceedings at the request of the Prosecutor’s Office and on the basis of a court order.
(2.1) property seized in order to secure confiscation may be transferred at the request of the Prosecutor’s Office and with the consent of the owner of the property on the basis of an order of a preliminary investigation judge. Property may be transferred without the consent of its owner if the costs of keeping thereof are unreasonably high or if this is necessary for prevention of decrease in the value of the property. The amount received from transfer shall be seized.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(2.2) Things of no or small value, pirated goods or counterfeit goods, which are seized in order to secure confiscation, may be destroyed without the consent of their owner or in the cases provided by law recycled at the request of the Prosecutor’s Office on the basis of an order of a preliminary investigation judge, if the costs of keeping thereof are unreasonably high.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(3) An order of a body conducting proceedings or a court judgment shall prescribe the following measures applicable to physical evidence:
1) a thing bearing evidentiary traces of criminal offence, a document, or an impression or print made of evidentiary traces of a criminal offence may be stored together with the criminal matter, included in the criminal file or stored in the physical evidence storage facility or any other premises in the possession of the body conducting proceedings or in a forensic institution;
2) other physical evidence the ownership of which has not been contested shall be returned to the owner or lawful possessor thereof;
3) physical evidence of commercial value the owner or lawful possessor of which has not been ascertained shall be transferred into state ownership;
4) things of no value and pirated or counterfeit goods shall be destroyed or, in the cases provided by law, recycled;
5) objects which were used for staging a criminal offence shall be returned to the owners or lawful possessors thereof;
6) property which was obtained by the criminal offence and the return of which is not requested by the lawful possessor shall be transferred into state ownership or transferred in order to cover the costs of the civil action or proof of claim in public law.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
(4) If the ownership relations pertaining to physical evidence specified in clause (3) 2) of this section are not apparent, the measures applicable to the physical evidence in pre-court proceedings shall be decided by an order of the preliminary investigation judge at the request of the Prosecutor’s Office.
(5) Subsections (1)-(3) of this section are also applied with regard to objects confiscated in criminal proceedings which do not constitute physical evidence.
(5.1) The procedure provided for confiscated property shall apply to physical evidence transferred into state ownership on the basis of subsection (3) of this section and property obtained by criminal offence.
[RT I, 31.12.2016, 2 - entry into force 01.02.2017]
(6) The procedure for refund of the money received from transfer to the lawful possessor of the property from the budget shall be established by the Government of the Republic.
[RT I, 31.12.2016, 2 - entry into force 01.02.2017]
(7) The procedure for registration, storage, transfer and destruction of physical evidence and seized property and for evaluation, transfer and destruction of highly perishable physical evidence and property seized in order to secure confiscation by the bodies conducting the proceedings shall be established by the Government of the Republic.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

Chapter 3.1SURVEILLANCE ACTIVITIES
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.1. General conditions for conduct of surveillance activities
(1) Surveillance activities denote the processing of personal data for the performance of a duty provided by law with the objective of hiding the fact and content of data processing from the data subject.
(2) Surveillance activities are permitted on the bases provided for in this Code if collection of data by other activities or taking of evidence by other procedural acts is impossible, is impossible on time or is especially complicated or if this may prejudice criminal proceedings in the case.
(3) Surveillance activities shall not endanger the life or health of persons, cause unjustified property and environment damage or unjustified infringement of other personality rights.
(4) Information obtained by surveillance activities is evidence if application for and grant of authorisation for surveillance activities and the conduct of surveillance activities is in compliance with the requirements of law.
(5) Surveillance activities are conducted both directly through the institution specified in subsection 126.2 (1) of this Code as well as the institutions, subordinate units and employees administered by them and authorised to conduct surveillance activities, and through police agents, undercover agents and persons recruited for secret cooperation.
(6) A member of the Riigikogu or a rural municipality or city council, a judge, prosecutor, advocate, minister of religion or an official elected or appointed by the Riigikogu with his or her consent and a minor with the consent of his or her legal representative may be involved in the activities provided for in this Chapter with the permission of a preliminary investigation judge only if they are participants in proceedings or witnesses in the criminal matter concerned or a criminal offence is directed against him or her or a person close to him or her.
(7) If the conduct of surveillance activities is requested by another investigative body, the surveillance agency which conducted the surveillance activities shall communicate the information obtained by the surveillance activities to the requesting investigative body together with the photographs, films, audio and video recordings and other data recordings made in the course of the surveillance activities.
(8) A surveillance agency has the right to also process, when conducing the surveillance activities, the data available from other sources besides surveillance activities.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.2. Bases for conduct of surveillance activities
(1) The Police and Border Guard Board, the Security Police Board, the Tax and Customs Board, the Military Police and the Prisons Department of the Ministry of Justice and prisons (hereinafter surveillance agency) may conduct surveillance activities on the following bases:
1) a need to collect information about the preparation of a criminal offence for the purpose of detection and prevention thereof;
2) the execution of an order on declaring a person a fugitive;
3) a need to collect information in confiscation proceedings pursuant to the provisions of Chapter 161 of this Code;
4) a need to collect information in criminal proceedings about a criminal offence.
(2) On the basis of the provisions of clauses (1) 1) and 4) of this section, surveillance activities may be conducted in the event of criminal offences specified in §§ 89-931, 95-97, 99, 1001, 101-104, 106-108, 110-114, 116, 118 and 120, subsection 121 (2), §§ 133-137, 1381 and 141-146, § 1573, subsections 151 (2) and (4), subsection 161 (2), §§ 162, 163, 172-179, 183-185, 187-190, 194, 195, 199 and 200, subsections 201 (2) and (3), subsections 202 (2) and (3), §§ 204, 206-214, 2161-217, 2172, 222, 227, 231-238, 241, 243, 244, 246, 250, 251, 255 and 256, clause 258 2), §§ 259, 2591 and 263, subsections 266 (2) and (4), §§ 274, 2901, 291, 2911, 294, 296, 298-299, 300, 3001, 302, 303, 310-313 and 315-3161, subsection 321 (2), §§ 326-328, 331, 3313, 333-334, 335, 336, 340 and 347, subsections 356 (1) and (3), subsections 357 (1) and (3), subsections 361 (1) and (3), subsections 364 (2)-(3), §§ 375-3762, 384, 3891, 391, 393, 394 and 3941, subsections 398 (2) and (4), subsections 3981 (2) and (4), §§ 400, 4023, 4024, 403-407, 414-416, 418, 4181, 4211, 4212, 434, 435 and 437-439, subsections 440 (3) and §§ 446 and 449 of the Penal Code.
[RT I, 20.12.2019, 1 - entry into force 30.12.2019]
(3) On the basis of this Code, surveillance activities may be conducted in respect of the following persons:
1) on the basis specified in clause (1) 1) of this section in respect of the person in the case of whom there are serious reasons to believe that he or she commits the criminal offence specified in subsection (2) of this section;
2) on the basis specified in clause (1) 2) of this section in respect of the person who is declared to be a fugitive;
3) on the basis specified in clause (1) 3) of this section in respect of the person who owns or possesses the assets which are the object of confiscation proceedings;
4) on the basis specified in clause (1) 4) of this section in respect of the person who is a suspect in criminal proceedings or with respect to whom there is justified reason to believe that he or she has committed or commits the specified criminal offence.
(4) The surveillance activities conducted on the basis provided for in clauses (1) 2)-4) of this section may be also conducted in respect of the person with regard to whom there is good reason to believe that he or she interacts with the person specified in clauses (3) 2)-4) of this section, communicates information to him or her, provides assistance to him or her or allows him or her to use his or her means of communication, and if the conduct of surveillance activities in respect of such person may provide the data required for the achievement of the objective of the surveillance activities.
(5) A surveillance agency may conduct surveillance activities on the basis specified in subsection (1) of this section if this is related to a criminal offence which is in the investigative jurisdiction of such surveillance agency.
(6) A surveillance agency may conduct surveillance activities at the request of another surveillance agency within the limits of its competence under the conditions and pursuant to the procedure provided for in this Code.
(7) The Police and Border Guard Board and the Security Police may also conduct surveillance activities at the request of other investigative bodies.
(8) The Prisons Department of the Ministry of Justice and prisons may also conduct surveillance activities in a custodial institution at the request of other investigative bodies.
(9) Where the bases for surveillance activities cease to exist, the surveillance activities shall be immediately terminated.
(10) Surveillance activities may be conducted on the basis not specified in this Code only on the basis provided for in the Estonian Defence Forces Organisation Act, Taxation Act, Police and Border Guard Act, Weapons Act, Strategic Goods Act, Customs Act, Witness Protection Act, Security Act, Imprisonment Act, Aliens Act and Obligation to Leave and Prohibition on Entry Act. The provisions of this Chapter apply to conduct of surveillance activities, processing of information collected by surveillance activities, giving notification of surveillance activities and submission of information collected for examination with the specifications provided for in the above specified Acts.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.3. Surveillance activities
(1) On the basis specified in subsection 126.2 (1) of this Code, a surveillance agency may covertly watch a person, thing or area, covertly take comparative samples and perform initial examinations, covertly examine a thing and covertly replace it.
(2) The Police and Border Guard Board and the Security Police Board may conduct the following surveillance activities on the basis specified in clause 126.2 (1) 1) of this Code upon collection of information concerning the preparation for the criminal offence specified in §§ 244 and 246, clause 266 (2) 3) and §§ 255 and 256 of the Penal Code and on the basis specified in clauses 3) and 4):
[RT I, 12.07.2014, 1 - entry into force 01.01.2015]
1) to covertly examine a postal item;
2) to covertly observe or wire-tap information;
3) to use a police agent.
(3) The Police and Border Guard Board and the Security Police Board may stage a criminal offence on the basis specified in clause 126.2 (1) 4) of this Code for the purpose of detection of a criminal offence or detention of a criminal.
(4) The Prisons Department of the Ministry of Justice and prisons may conduct the following surveillance activities specified in clauses 126.2 (1) 1) and 4) of this Code:
1) to covertly examine a postal item;
2) to covertly observe or wire-tap information.
(5) Covert entry into a building, premises, vehicle, enclosed area or computer system is permitted upon conduct of the surveillance activities specified in subsection (1) and clauses (2) 2) and 3) of this section in the case this is unavoidably necessary for the achievement of the objectives of the surveillance activities.
(6) For the purposes of this Code, entry into the possessions of other persons is deemed to be covert if the fact of entry is covert for the possessor or if a misconception of existing facts is knowingly caused by fraud upon entry and the possessor, with knowledge of the actual circumstances, would not have given possession for entry.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.4. Grant of permission for surveillance activities
(1) Surveillance activities may be conducted with a written permission of the Prosecutor’s Office or a preliminary investigation judge. The preliminary investigation judge shall decide the grant of permission by an order on the basis of a reasoned application of the Prosecutor’s Office. The preliminary investigation judge shall consider a reasoned request submitted by the Prosecutor’s Office without delay and grant or refuse to grant permission for the conduct of the surveillance activities by an order.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]
(2) In cases of urgency, surveillance activities requiring the permission of the Prosecutor’s Office may be conducted with the permission of the Prosecutor’s Office issued in a format which can be reproduced in writing. A written permission shall be formalised within 24 hours as of the commencement of surveillance activities.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]
(3) In the case of immediate danger to the life, physical integrity or physical freedom of a person or to proprietary benefits of high value and requesting a permission or execution thereof on time is impossible, surveillance activities requiring the permission of a court may be conducted, in cases of urgency, with the permission of the court issued in a format which can be reproduced in writing. A written application and permission shall be formalised within 24 hours as of the commencement of surveillance activities.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]
(4) A permission issued in cases of urgency in a format which can be reproduced in writing shall contain the following information:
1) the issue of the permission;
2) the date and time of issue of the permission;
3) surveillance activities for which the permission is issued;
4) if known, the name of the person with regard to whom the surveillance activities are conducted;
5) the term of the permission for surveillance activities.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]
(5) If covert entry into a building, premises, vehicle, enclosed area or computer system is necessary for conduct of surveillance activities or in order to install or remove technical appliances necessary for surveillance, the Prosecutor’s Office shall apply for a separate permission of a preliminary investigation judge for such purpose.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]
(6) The duration of surveillance activities conducted with respect to a specific person on the basis provided for in clauses 126.2 (1) 1), 3) and 4) of this Code in the same proceedings must not exceed one year. In exceptional cases, the Prosecutor General may authorise or apply to a court for authorisation to conduct surveillance activities for more than one year.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

§ 126.5. Covert surveillance, covert collection of comparative samples and conduct of initial examinations, covert examination and replacement of things
(1) The Prosecutor’s Office shall issue a permission for covert surveillance of persons, things or areas, covert collection of comparative samples and conduct of initial examinations and covert examination or replacement of things for up to two months. The Prosecutor’s Office may extend the term of the permission for up to two months at a time.
(2) In the course of the surveillance activities specified in this section, the information collected shall be, if necessary, video recorded, photographed or copied or recorded in another way.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.6. Covert examination of postal items
(1) Upon covert examination of a postal item, information derived from the inspection of the item is collected.
(2) After the covert examination of a postal item, the item shall be sent to the addressee.
(3) In the course of the activities specified in this section, the information collected shall be, if necessary, video recorded, photographed or copied or recorded in another way.
(4) In the course of covert examination of a postal item, the item may be replaced.
(5) A preliminary investigation judge grants permission for the surveillance activities specified in this section for up to two months. After expiry of the specified term, the preliminary investigation judge may extent this term by up to two months.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.7. Wire-tapping or covert observation of information
(1) Information obtained by wire-tapping or covert observation of messages or other information transmitted by the public electronic communications network or communicated by any other means shall be recorded.
(2) Information communicated by a person specified in § 72 of this Code or information communicated to such person by another person which is subject to wire-tapping or covert observation shall not be used as evidence if such information contains facts which have become known to the person in his or her professional activities, unless:
1) the person specified in § 72 of this Code has already given testimony with regard to the same facts or if the facts have been disclosed in any other manner;
2) a permission has been granted with respect to such person for wire-tapping or covert observation; or
3) it is evident on the basis of wire-tapping or covert observation of another person that the specified person commits or has committed a criminal offence.
(3) A preliminary investigation judge grants permission for the surveillance activities specified in this section for up to two months. After expiry of the specified term, the preliminary investigation judge may extent this term by up to two months.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.8. Staging of criminal offence
(1) Staging of a criminal offence is the commission of an act with the elements of a criminal offence with the permission of a court, taking into account the restrictions prescribed in subsection 126.1 (3) of this Code.
(2) If possible, a staged criminal offence shall be photographed, filmed or audio or video recorded.
(3) A preliminary investigation judge grants permission for the surveillance activities specified in this section for up to two months. After expiry of the specified term, the preliminary investigation judge may extent this term by up to two months.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.9. Use of police agents
(1) A Police agent for the purposes of this Code is a person who collects information on the basis specified in clauses 126.2 (1) 1), 3) or 4) of this Code in criminal proceedings by using a false identity.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]
(2) The Prosecutor’s Office shall issue a written permission for the use of police agents. Permission for the use of a police agent is granted for up to six months and this term may be extended by six months at a time.
(3) A police agent has all the obligations of an official of a surveillance agency in so far as the obligations do not require disclosure of the false identity.
(4) The statements of a police agent are used as evidence pursuant to the provisions of this Code concerning witnesses.
(5) Based on an order of the Prosecutor’s Office, the fact of using a police agent or the identity of a police agent shall also remain confidential after completion of surveillance activities if disclosure may endanger the life or health, honour and good name or property of the police agent or the persons connected with him or her or his or her further activities as a police agent.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.10. Documentation of surveillance activities
(1) On the basis of the information collected by surveillance activities, an official of the body that conducted surveillance activities or applied for surveillance activities shall prepare a report on surveillance activities which shall set out:
1) the name of the body which conducted the surveillance activities;
2) the time and place of conducting the surveillance activities;
3) the name of the person with regard to whom the surveillance activities were conducted;
4) the date of issue of a permission of a court or a permission of the Prosecutor’s Office which is the basis for surveillance activities;
5) the date of submission of an application of the Prosecutor’s Office if the surveillance activities are based on a permission of a court;
6) information collected by surveillance activities which is necessary to achieve the purpose of surveillance activities or to resolve the criminal matter.
(2) The photographs, films, audio and video recordings and other data recordings made in the course of surveillance activities shall be appended to a report, if necessary.
(3) If necessary, the surveillance agency that conducted surveillance activities shall record the information collected by surveillance activities in a summary of surveillance activities. The summary of surveillance activities and the photographs, films, audio and video recordings and other data recordings made in the course of surveillance activities shall be appended to a surveillance file.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.11. Keeping of surveillance files
(1) The information collected by surveillance activities, data recordings made in the course of surveillance activities, data obtained in the manner specified in subsection 126.1 (8) of this Code and data required for comprehension of the integrity of the information collected by surveillance activities concerning an undercover agent and simulated person, structural unit, body and branch of a foreign company shall be stored in a surveillance file.
(2) The procedure for keeping and storage of surveillance files shall be established by a regulation of the Government of the Republic on the proposal of the Minister responsible for the area.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.12. Storage, use and destruction of surveillance files and data recordings collected by surveillance activities
(1) The photographs, films, audio and video recordings and other data recordings or any part thereof necessary for resolving a criminal matter and made in the course of surveillance activities shall be stored in the criminal file or together with the criminal matter. The rest of the materials on surveillance activities shall be stored at surveillance agencies pursuant to the procedure specified in subsection 126.11(2) of this Code.
(2) Surveillance files shall be stored as follows:
1) surveillance files kept on criminal offences under preparation, files on searching persons and confiscation files – until the redundancy of information contained therein, but for not longer than 50 years;
2) files on criminal offences – until the deletion of data concerning punishment from the criminal records database or expiry of the limitation period for the criminal offence.
(3) The information collected by surveillance activities may be used in other surveillance activities, other criminal proceedings, security vetting, in deciding, in the cases provided by law, upon hiring persons and grant of permissions or licences to verify the conformity of the person to the requirements provided by law.
(4) The information collected by surveillance activities may be stored for study and research purposes. Personal data and, if necessary, the information collected shall be completely altered in order to prevent disclosure of persons who have been engaged in surveillance activities or recruited therefor.
(5) If preservation of a data recording made in the course of surveillance activities and added to a criminal file is not necessary, the person subject to the surveillance activities whose fundamental rights were violated by such surveillance activities may request destruction of the data recording after the entry into force of the court judgment.
(6) The data recording specified in subsection (5) of this section shall be destroyed by a court. A report shall be prepared on the destruction of a data recording and included in the criminal file.
(7) If the materials on surveillance activities are stored in a criminal file, the information concerning the persons accused in criminal proceedings whose private or family life was significantly violated by the surveillance activities and whose rights or freedoms may be significantly damaged by disclosure shall be removed from or covered up in the criminal file upon disclosure thereof pursuant to the Public Information Act.
(8) Files containing a state secret or classified information of a foreign state shall be stored and destroyed pursuant to the State Secrets and Classified Information of Foreign States Act.
(9) Surveillance files subject to destruction and data recordings collected shall be destroyed by a committee formed by the head of a surveillance agency in the presence of a prosecutor. The committee shall prepare a report concerning the destruction of a file and data recording collected which shall set out the number of the file or information concerning the destructed data recording and the reason for the destruction thereof.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.13. Notification of surveillance activities
(1) Upon expiry of the term of a permission for the conduct of surveillance activities and, when several surveillance activities are conducted that coincide at least partly in time, upon expiry of the term of the last permission, the surveillance agency shall immediately notify the person with respect to whom the surveillance activities were conducted and the person whose private or family life was significantly violated by the surveillance activities and who was identified in the course of the proceedings. The person shall be notified of the time and type of surveillance activities conducted with respect to him or her.
(2) With the permission of a prosecutor, a surveillance agency need not give notification of conduct of surveillance activities if this may:
1) significantly prejudice criminal proceedings in the case;
2) significantly damage the rights and freedoms of another person which are guaranteed by law or endanger another person;
3) endanger the confidentiality of the methods and tactics of a surveillance agency, the equipment or police agent used in conducting surveillance activities, of an undercover agent or person who has been recruited for secret cooperation.
(3) With the permission of the Prosecutor’s Office, a person need not be given notification of surveillance activities until the basis specified in subsection (2) of this section cease to exist. The Prosecutor’s Office shall verify the basis for non-notification in a criminal matter upon completion of pre-court proceedings but not later than one year after the expiry of the term of the permission for surveillance activities.
(4) If the grounds for non-notification of surveillance activities are still present one year after the expiry of the term of the authorisation for surveillance activities, the Prosecutor’s Office applies, at the latest 15 days prior to the expiry of the specified term, for a permission of a preliminary investigation judge for extension of the non-notification term. The preliminary investigation judge grants permission by an order for non-notification of the person or refuses to grant such permission. Upon non-notification of a person, the order shall set out whether the non-notification is granted for an unspecified or specified term. In the case of non-notification during a specified term, the term during which a person is not notified shall be set out.
(5) If the basis specified in subsection (2) of this section have not ceased to exist upon expiry of the term of the permission granted for non-notification by a preliminary investigation judge specified in subsection (4) of this section, the Prosecutor’s Office applies, at the latest 15 days prior to expiry of such term, for a permission from a preliminary investigation judge for extension of the non-notification term. The preliminary investigation judge grants permission by an order pursuant to the provisions of subsection (4) of this section.
(6) A person shall be immediately notified of surveillance activities upon expiry of the permission for non-notification or refusal to grant permission for the extension thereof.
(7) When a person is notified of surveillance activities conducted with respect to him or her, the procedure for appeal shall be explained to him or her.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.14. Submission of information collected by surveillance activities for examination
(1) The person who has been notified pursuant to § 126.13 of this Code shall be permitted at his or her request to examine the data collected with respect to him or her and the photographs, films, audio and video recordings and other data recordings made in the course of the surveillance activities. With the permission of the Prosecutor’s Office, the following information need not be submitted until the corresponding bases cease to exist:
1) information concerning the family or private life of other persons;
2) information the submission of which may damages the rights and freedoms of another person which are guaranteed by law;
3) information which contains state secrets, classified information of foreign states or secrets of another person that are protected by law;
4) information the submission of which may endanger the life, health, honour, good name and property of an employee of a surveillance agency, police agent, undercover agent, person who has been recruited for secret cooperation or another person who has been engaged in surveillance activities or of persons connected with them;
5) information the submission of which may endanger the right of a police agent, undercover agent and person who has been recruited for secret cooperation to maintain the confidentiality of cooperation;
6) the submission of which may result in communication of information concerning the methods, tactics of a surveillance agency and the equipment used in conduct of surveillance activities;
7) information which cannot be separated or disclosed without information specified in clauses 1)-6) of this subsection becoming evident.
(2) Upon submission of or refusal to submit information collected by surveillance activities for examination to a person, the procedure for appeal shall be explained to him or her.
(3) The procedure for notification of surveillance activities and submission of surveillance files shall be established by a regulation of the Government of the Republic on the proposal of the Minister responsible for the area.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.15. Supervision over surveillance activities
(1) the Prosecutor’s Office shall exercise supervision over the compliance of surveillance activities with the permission provided for in § 1264 of this Code.
(2) The committee of Riigikogu specified in § 36 of the Security Authorities Act shall exercise supervision over the activities of surveillance agencies. A surveillance agency shall submit a written report to the committee through the appropriate ministry at least once every three months.
(3) The Ministry of Justice shall publish on its website once a year a report on the basis of the information obtained from surveillance agencies, Prosecutor’s Offices and courts, which contains the following information concerning the previous year:
1) number and type of opened surveillance files;
2) number of permissions for surveillance activities by types of surveillance activities;
3) number of persons notified of conduct of surveillance activities and number of persons in the case of whom notification was postponed pursuant to subsection 12613 (4) of this Code for more than one year.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.16. Filing of appeals in connection with surveillance activities
(1) An appeal may be filed pursuant to the procedure provided for in Chapter 15 of this Code against the court order that grants permission for surveillance activities on the basis specified in this Code.
(2) An appeal may be filed pursuant to the procedure provided for in Division 5 of Chapter 8 of this Code against the course of surveillance activities conducted on the basis specified in this Code, non-notification thereof and refusal to submit information collected thereby.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.17. Surveillance activities information system
(1) The surveillance activities information system (hereinafter information system) is a database belonging to the State Information Systems maintained for processing of the surveillance activities information provided for in this Code, the objective of which is to:
1) provide an overview of surveillance activities conducted by surveillance agencies;
2) provide an overview of requests of surveillance agencies and Prosecutor’s Offices for conduct of surveillance activities;
3) provide an overview of permissions issued by Prosecutor’s Offices and courts for conduct of surveillance activities;
4) provide an overview of notification of surveillance activities and submission of information collected by surveillance activities;
5) reflect information concerning the surveillance activities conducted;
6) enable the organisation of the activities of surveillance agencies, Prosecutor’s Offices and courts;
7) collect statistics on surveillance activities which are necessary for the making of decisions concerning criminal policy;
8) enable electronic forwarding of data and documents.
(2) The information system shall be established and the statutes thereof shall be approved by the Government of the Republic.
(3) The chief processor of the information system is the Ministry of Justice.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]
(4) The minister responsible for the area may organise the activities of the information system by a regulation.
[RT I, 29.06.2012, 2 - entry into force 01.01.2015]